Morning journal and courier., 1887-05-21
ASKING STATE HELP.

The Counsel for Mrs. Ernst's Murderers
 Ask1ng the State to Help Defend
 Them-A Plea of Insanity to be Set
 Up for Cham amber1aIn-What States
 Attorney DOOlIttle Had to Say.
 Lawyers Blydenburgh and Asher petitioned Judge Stoddard of the criminal side of the Superior court for an order allowing them to engage expert medical testimony in behalf of their clients, Taylor and Chamberlain, the self-confessed murderers of Mrs. Margaret Ernst. The young murderers' counsel are going to make strong fight notwithstand- ing the surprising readiness that Taylor and Chamberlain have shown to confess their participation in the crime. Mr. Blyden-
 burgh asks for the examination of one of his
 clients, presumably Chamberlain, by medi- cal expert in relation to insanity. It is easy to see this will constitute an important part of the defense when the case comes to trial. Chamberlain's behavior in New York after his arrest is said to have been peculiar and strong effort will probably be made to show that he was irresponsible at the time he con- mitted the crime. Another thing that will probably be done, and at the instance of the
 defense, will be the exhuming of Mrs. Ernst's body and another autopsy.
 Mir. Blydenburgh made the first argument
 h support of his appeal and said:
 of your honor pleases, I have consulted with my witnesses and I believe ought to
 have the benefit of the evidence and advice of a medical expert in respect to the question of the cause of death in tEis case, and also, I believe, shall desire to have one of the accused examined by a physician as to his condition I would ask to be permitted to have Dr. Lindsley. I suggest him as he is well known to the State attorney and to your
 honor, and that the State shall pay for such time as we may reasonably expend in attend ing to our duties. I want to ask at present for but one. don't want to put the State to any unnecessary and unreasonable eX- pense in this matter"
 State Attorney Doolittle opposed. He said: "The statute provides that the court
 before which any criminal prosecution is
 pending may order such number of witness es as the court shall approve to be examined on behalf of the accused at the expense of the State. In regard to the alleged insanity of one of these men, if my friend will make an affidavit that he believes he is insane shall not object to his having doctor to ex- amine him. But that is, l believe, absurd. In regard to the ether matter. If this homi- eide had been committed by means of poison something which an ex- pert might be required to give an other thing But these persons have stated orally and in writing that they deliberately formed plan to come up here to rob this woman. They committed burglary by the manner in which they entered the house. They committed burglary when they left it. They robbed her, and when engaged in robbery they administered chloroform, and they stated that they wound sheet and handkerchief about her was found on her body. It has been intimated she had asth- ma. don't care whether she had any disease or not. If she had died simply from fright it would have been none the less murder if they hadn't touched her at all. It has been so held in Connecticut. It was 80 held re- gently in the Chastine Cox case in New York. I don't see what there is for an expert to do. The body wasn't embalrned or anything else. It is buried and if anyone can tell me what an expert can tell about it now any more than the medical examiner who performed the autopsy in the day and time of it, should like to know it."
 Judge Stoddard said: f'I will grant an or der admitting Dr. Lindsley as a witness in the case, but it must be with this under standing Unless the action is taken by Dr. Lindsley with the concurrence of the State attorney that does not necessarily cover any particular work that he may do. I do not see any occasion to say anything further. If the State attorney on consultation with him thinks that it is desirable for him to take any particular action, why the order will cover that. But in the absence of that the expense must be hereafter determined outside of the ordinary witness fees"